Sch 2Matters in respect of which regulations may be made

Schedule 2 — Matters in respect of which regulations may be made [s. 123(2)] 1. In this Schedule — fee includes charge; specified means specified in regulations made under section 123. 2. The fees to apply under this Act, including, without limiting sections 43, 45 and 45A of the *Interpretation Act 1984*, the following — (a) subject to this Act, the time at which, or the periods for or during which, fees are to be paid; (b) the structure of fees; (c) the basis on which a fee is to be calculated; (ca) when a fee submitted in respect of an application made under this Act is taken to have been received for the purposes of this Act; (d) interest on unpaid fees; (e) penalties for, and other consequences of, failure to pay fees, late payment of fees or underpayment of fees; (f) recovery of fees; (g) refunding of fees. 2A. Without limiting item 2, in the case of a works approval or licence under Part V or a licence, permit, approval or exemption under the regulations (an authorisation) — (a) prescribing fees that are payable before or when the authorisation is granted, issued or given and fees that are payable at prescribed intervals or in prescribed circumstances during the currency of the authorisation; (b) providing for the authorisation to cease to have effect if a fee is not paid in accordance with the regulations; (c) prescribing fees that are payable before or when the authorisation is amended, transferred or surrendered. 3. The taking of measurements and analysis of substances and things for the purposes of this Act. 4. The conduct and methods of testing the extent and effects of an emission, the equipment to be used for the purpose of that testing, and the persons who are authorised to use that equipment. 5. The matters that may be set out in a certificate or report relating to — (a) the taking, or results, of measurements referred to in item 3; (b) the conduct, method, or results, of analysis referred to in item 3 or testing referred to in item 4; (c) the equipment for such measurements, analysis or testing; (d) the persons taking such measurements, conducting such tests or analysis or testing equipment for such measurements, analysis or testing, and the evidential status and probative value of those matters. 6. The facts by which and the manner in which it may be proved that any noise, odour or electromagnetic radiation emitted from any source does not comply with any standard prescribed in respect of that source by or under this Act. 7. Limiting an emission in relation to any area, premises, act or thing. 8. The standards for determining when any matter, act or thing is poisonous, noxious, objectionable, detrimental to health or within any other description referred to in this Act, which standards may be different in different localities. 9. Prohibiting the discharge into the environment of any matter, whether liquid, solid, gaseous or radioactive, and prohibiting or regulating the use of any specified chemical substance or fuel. 10. Prohibiting either generally or in specified circumstances or subject to specified conditions an emission into the environment. 11. Prescribing ambient standards and emission standards and specifying the maximum permissible concentrations of any matter that may be present in or discharged into the environment. 12. Prescribing noise emission standards for different kinds of premises and equipment. 13. The times within which specified noise emission levels may be exceeded or shall not be exceeded. 14. Prohibiting or regulating the emission or transmission of noise, odour or electromagnetic radiation from premises or a place. 15. Prohibiting or regulating the emission or transmission of noise, odour or electromagnetic radiation in public places. 16. Requiring the means to be used for the prevention, and for counteracting the effect, of pollution or environmental harm in relation to any area, premises, act or thing, including the laying down of minimum requirements. 17. Prohibiting or regulating any conduct, operation or activity that is capable of causing pollution or environmental harm. 18. Prohibiting the use of any equipment capable of emitting noise that does not meet any prescribed noise emission standard in any respect or regulating the construction, installation or operation thereof so as to prevent or minimise the emission of noise. 18A. Regulating the seizure and storage of things under section 92A and the sale, preservation, treatment and other ways of dealing with those things. 19. Regulating the construction, installation or operation of any premises or equipment or the repair or maintenance of any vehicle or vessel so as to prevent or minimise pollution or environmental harm. 20. Requiring the installation and use in connection with any equipment of any other equipment to prevent pollution or environmental harm and prohibiting the operation of any specified equipment unless there is installed and operated, in connection with the specified equipment, any other equipment to prevent pollution or environmental harm. 21. Requiring any equipment or the packaging thereof to be fitted or marked with a plate, label or other marking and prescribing the manner in which the plate, label or other marking is to be fitted or marked. 22. Prescribing types of plates, labels and other markings and the information to be contained thereon or therein. 23. Prohibiting the removal or defacing of any plate, label or other marking of a prescribed type required to be fitted or marked to or on any equipment or the packaging thereof. 24. The enforcement and implementation of approved policies or the identification of any portion of the environment. 25. Prescribing standards and criteria for the implementation of any approved policy. 25A. Identifying an area of the State to which an approved policy applies, or does not apply. 25B. Supplementing an approved policy by providing for any matter referred to in section 35(2). 25C. Prescribing methods for measuring, predicting or evaluating the effectiveness of an approved policy in achieving and maintaining the environmental quality objectives specified in the policy. 25D. Prescribing procedures for consultation with respect to the making of regulations in relation to a matter referred to in item 24, 25, 25A, 25B or 25C. 26. Prescribing any premises or class of premises as prescribed premises for the purposes of Part V. 27. Regulating the establishment of sites for the disposal of solid or liquid wastes on or in land and the use of any such sites, whether or not established after the commencement of this item. 28. The control, prevention or abatement of pollution or environmental harm generally. 29. Without limiting the generality of section 6 or of section 43(8)(d) of the *Interpretation Act 1984*, exempting any persons, premises or equipment or class of persons, premises or equipment or any category, type, volume or kind of waste or source of noise from all or any of the provisions of this Act, and specifying circumstances in which and conditions subject to which such an exemption shall apply. 30. Prohibiting the sale, use or operation of an article except in accordance with specified conditions relating to the emission or transmission of noise, odour or electromagnetic radiation from the article when in use or operation and, in particular prohibiting the sale, use or operation of an article unless it is fitted with specified noise, odour or electromagnetic radiation control equipment. 30A. Prohibiting or regulating the manufacture, sale or distribution for sale of solid fuel burning equipment, or solid fuel, of a prescribed class or description. 30B. Specifying the minimum and maximum permissible concentrations or amounts of constituents of any matter that may be present in any substance or thing. 30C. Prohibiting or regulating the manufacture, sale, distribution for sale, use or operation of any prescribed substance or thing or any substance or thing of a prescribed class or description. 31. Prohibiting the carrying on of a trade, industry or process except in accordance with such conditions relating to the emission or transmission of noise, odour or electromagnetic radiation arising in the course of the carrying on of the trade, industry or process as are specified. 32. Prohibiting or regulating the use or operation of any article, or the carrying on of any trade, industry or process, at any specified times. 33. Regulating and controlling the collection, transport, storage and disposal of waste and specifying conditions for the re‑use thereof. 33A. Requiring any information or documents supplied for the purposes of the Act to be verified by statutory declaration. 33B. Making provision for or with respect to guidelines to be observed in relation to the content of financial assurance requirements. 34. Prescribing administrative procedures for the purposes referred to in section 122(1)(a). 35. Prescribing procedures in respect of appeals under Part VII. 35A. Requiring things to be done or information to be provided under this Act in a prescribed manner or prescribed form. 35B. Providing for notices, orders or other documents to be given, sent or served under this Act by electronic communication (as defined in the *Electronic Transactions Act 2011* section 5(1)) and providing for the proof of that giving, sending or service. 36. Without limiting section 122B, the keeping, inspection and production of records and registers under this Act. 36A. The keeping and production of returns and other information by a licensee in relation to the receipt of waste. 36B. Establishing or recognising a scheme or system for the accreditation of persons as environmental practitioners for purposes related to this Act. 36C. Specifying timelines for steps in processes contained in Part V. 37. Creating offences under the regulations and penalties for the commission thereof not exceeding $20 000. [Schedule 2 amended: No. 14 of 1998 s. 19, 21 and 36; No. 54 of 2003 s. 26, 67, 86, 89, 96 and 138; No. 36 of 2007 s. 100; No. 40 of 2020 s. 108(1)-(6) and (8)-(11).]